Arjun Chaudhary v. State Of Bihar And ANR

IN THE HIGH COURT OF JUDICATURE AT PATNA

Criminal Miscellaneous No.12957 of 2016 Arising Out of PS.Case No. -4272 Year- 2014 Thana -PURNIA COMPLAINT CASE DistrictPURNIA ====================================================== Arjun Chaudhary, son of Chunnu Chaudhary, resident of Village-Malopada, Post Office-Dalmalpur, Police Station-Rota, in the district of Purnea .... .... Petitioner/s

Versus

1. The State of Bihar

2. Dualari Devi, wife of Arjun Chaudhary, daughter of Late Basudev Chaudhary, resident of Village-Jalalgarh, Pasi Tola, Police StationJalalgarh, in the district of Purnea. .... .... Opposite Party/s ====================================================== Appearance :

For the Petitioner/s : Mr. Raj Kumar For the Opposite Party/s : Mr. Indu Kri.Srivastav(App) ====================================================== CORAM: HONOURABLE MR. JUSTICE DINESH KUMAR SINGH ORAL ORDER 18-03-2016 The petitioner being husband of the complainant is apprehending his arrest in a complaint case wherein processes were directed to be issued after cognizance being taken for the offences punishable under Section 498A of the Indian Penal Code.

The basic accusation is of torture after 19 years of marriage.

It is submitted by learned counsel for the petitioner on instruction that petitioner admits his marriage with the complainant and is ready to keep the complainant as wife with full dignity and honour. A statement to that effect has been made in para 16 of the petition which reads as follows:- "That it is humbly submitted that petitioner is ready to keep the O.P. No. 2 as his wife with full love, affection and dignity."

Patna High Court Cr.Misc. No.12957 of 2016 (2) dt.18-03-2016 2/2 Considering the aforesaid stand of the petitioner, let the petitioner, above named, in the event of his arrest or surrender before the Court below within a period of 12 weeks from today, be released on provisional anticipatory bail for one year on furnishing bail bond of Rs. 10,000/-(ten thousand) with two sureties of the like amount each to the satisfaction of learned Sub-Divisional Judicial Magistrate, Purnea in connection with Complaint Case No. 4272 of 2014. Let learned Court below issue notice to the complainant and fix a date for her appearance. On appearance, the petitioner will take the complainant to her matrimonial house to keep her as wife with full dignity and honour. The provisional anticipatory bail of the petitioner will be confirmed by the learned Court below in three eventualities (i) On substantial restoration of the matrimonial harmony within a period of one year (ii) If the complainant fails to appear before learned Court below (iii) If the complainant is reluctant to reconcile the issue.

(Dinesh Kumar Singh, J) Shageer/- U T